Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-02-05
Hsr. RoxalI,s Views.


From intcryiew IN Richmond Whig.l
O. Did you notice aD interview with Mr..
| Thomas Potts, foreman of The late grand
jury OF the Hastings Court
4. did
@. You propose, suppose, Of course, 10
push the suits against the grand Jurors
| which you have instituted
B. 90 and propose TO sue each mem
Der Of each graud jury each time it inGicts
any oae Of my clients under an unconstitu-
tioual law. and 10 press zach one Of these
suits 10 final conclusion IN oCurtin which
| I can get impartial Justice, as the law of tho
land fixes The rights Of myself and n1y c!i-
ents.
@. Is not the State law against barratry
simply the revival of q law against an OF.
fence recognized by the common Law, and if
So why DO you regard it unconstitutional I?
\. It is by nc means 8 revival ofthe com
mon-law offence CT barratFy. The common
law doctrine IL respect to what was called
barratry maintenance, and champerty was
part of The feudal system, Under that sys
tem the baron OF lord of the mansion sat in
bis eyrie, petty prince and autocrat, COM
mandiDg the duty and obedience of his vii
leins and compelling submission TO bis
will by tbe mailed hand and spear in
rest. Neither ne nor his co-barcns would
tolerate the processes of the law in
terfering between themselves and those
whom they designed TO oppress. Hence the
fashionable society OF the day came TO look
upon those who sought redress from injuries
according 10 law il the interest of justice,
as contemplate fellows, and their attorney.
advises, as barrators, champetors and main
tenors The idea was that differences Of
opinion about rights were TO be settled by
battle axe and sword. But, as cur oiviiizs-
ton has advanced, we have all come 10 the
conclusion that differences ot opinions re.
specting rights should be settled BY the
peaceful methods OF the law. Hence, as
our civilization has advanced, the old IDEAS
respecting barratry and the like have como
to be looked ca as part Of semi -barbaTism.
We now think that when : man feels him
self aggrieved it is his fFst duty to resort to
one learned IN the law for advice as to what
are his rights and his duties.
As to why ] regard this act uncons.itu-
tional, | have this to say OF course We all
know that the act was designed to deprive
persons, who asserted their rights growing
cat Of the States tax.receivable coupons, of
the benefit of counsel in asserting their
rights as means sofdestroyiDgthe efficacy and
value of the coupons. When the State put
the coupons out sho made two contracts.
One WIS that she would pay the ooupon at
maturity; the other, q subsidiary one, was
that if she did pay ct maturity, tho holdor
Of it might make it valuable by paying with
it any tax that lie owed her. OF course this
involved the further contract that if The
holder was forced BY her io have g law suit
in order to make tbs coupons valuable, he
should have the aid OF ali agencies that
were necessary to make then valuable.
Now the State torbids her officers TO pay the
coupons and forces tho holder 10 have law
suit with her in order TO make them Of any
value Can il be said that after she has
thus forced law suit upon the holder, she
csn deprive him of the services Of q lawyer
to conduct that Law suit. | maintain that
her contract involves the promise that if she
forces tie holder of the coupon to 90 TO law
he shall have the advantage of the best e
gal skill and talent that he can command,
and that when she attempts TO deprive him
of The services Of y lawyer in that law suit,
which she has forced on him, she impairs
the obligation Of her contract.
@. Why do you bring your actions in the
federal rather than the State courts?
&. A sentiment has been manufactured in
this State which makes it impossible for
man asserting rights based upon the States
lax -fSCGiEGDIb COG JOuo ~ SSt juotlCS III VIC
State courts l blush to make this state
ment and l feel humiiiated to feel that it is
true, but I have seen things done By State
judges in this controversy, which / would
not have believed i; possible that the auto.
crat of the Russias could have forced his
Judge to do. bring my suits in The Fed
eral court, therefore, because I am there
subject 10 the jurisdiction ofa judiciary that
knows nothing and cares nothing of our
local squabbles, and defines the law as it is,
and not as q political faction may desire it.
@ Will not the appeal which Attorney
General Ayers will take 20 the U. S. Su-
preme Court in the cases of Sherwood and
Fitzgerald tend to bring this whole matter
10 q crisis?
A. If am right in my view of the law, it
will show that the Court Of Appeals of Vir-
ginia recently made 8 very absurd decision
in jones' cass, and it will result in what
that court has done being speedily nullifed,
aud every one being permitted TO pursue
his usual avocation without license, after
ne has rendered coupons for his license,
without any danger of being molested.
Foreign Contributions TO the Alex